- (1.) JUDGMENT M.K. Mittal, J. The application has been filed by the applicant under Section 482 Cr. P.C. with the prayer to quash the order dated 8 -7 -2005 passed by Addl. Sessions Judge, Court No. 5, Saharanpur in Criminal Revision No. 16 of 2005 and with a further prayer to stay the operation of the impugned order.
(2.) I have heard learned Counsel for the applicant, learned A.G.A and perused the record. Brief facts of the case are that Komal Krishna, the applicant filed a complaint against Tajendra, Ashwani and Surendra Kumar under Sections 307, 504, 506 and 452 IPC alleging that he was married to Seema Rani daughter of accused Surendra Kumar. Ashwani is son of Surendra Kumar and Tajendra is their friend. After the marriage, the complainant came to know that accused Tajendra had been visiting his Sasural and had established relations with Smt. Seema Rani. The family members of Seema Rani also wanted to marry her with Tajendra. But at that time, Tajendra was not doing any work and therefore she was married with accused as he was having a good post in the Railway department. The complainant also came to know that even after the marriage Tajendra used to visit his wife during his absence. He objected but his wife did not mend her ways and it became bone of contention between them. When the complainant complained about this act of his wife to the accused, Ashwani and Surendra Kumar, they reprimanded the complainant.
(3.) AFTER about one year of the marriage, when the complainant came to his house from his duty he found Tajendra and his wife in objectionable position and he turned Tajendra out of his house and asked him never to come to his house. He also stated that he would lodge a report against Tejendra. At this Tajendra threatened to teach him a lesson. In the circumstances, he was compelled to file a divorce suit on 11 -5 -2004.;